California’s highways are some of the busiest in the nation, with thousands of large commercial trucks operating daily. These vehicles are critical to the economy, but they also pose significant risks. According to the FMCSA, there were over 5,700 fatalities in large-truck accident fatalities nationwide in 2021—an increase of nearly 18% from 2020.

Truck accidents happen for many reasons, but when they occur because the truck driver or truck company is found negligent in causing the accident, they can be held responsible for the victim’s damages. When a person perishes as a consequence of a truck accident, his or her family can seek monetary restitution through a wrongful death lawsuit.

Reasons Truck Accidents Occur

As a result of their immense size and weight, large commercial trucks can be very difficult to maneuver, which can place other drivers on the road at risk of an accident. Fortunately, however, there are strict state and federal regulations that are designed to protect the general public, as well as downsize the risk of large truck accidents.

Despite strict regulations, truck crashes still occur—often due to safety violations such as:

Overloaded or unsecured cargo
Poor maintenance and inspections
Driving under the influence
Speeding or reckless driving
Violating hours-of-service limits
Driver fatigue or distraction

Failing to adjust to road and weather conditions

Injuries Commonly Caused in Truck Accidents

Truck accidents occur for many different reasons, but because these vehicles are so large and much heavier than regular passenger vehicles, they tend to cause severe accidents. When a smaller vehicle collides with a large commercial vehicle, being injured may be unavoidable. Truck accidents frequently result in life-altering injuries, including:

Traumatic brain injuries (TBI)
Spinal cord damage and paralysis
Severe orthopedic injuries
Facial fractures and disfigurement
Internal bleeding or organ damage

Possible Damages in a Case

After a truck accident, making a recovery may be a prolonged process for many. For others, making a full recovery may be unattainable. Fortunately, the State of California recognizes the dangers associated with large trucking accidents As a result, the state allows truck accident victims the opportunity to seek compensation from the at-fault party when the accident was caused as a result of negligence.

Depending on the case, truck accident victims may be eligible to recover compensation for:

Emergency and long-term medical expenses
Lost wages and diminished earning potential
Rehabilitation and therapy
Pain and emotional suffering
Permanent disability or loss of quality of life

Wrongful Death in a Truck Accident

As a result of the immense size and weight of large commercial trucks, it is not uncommon for a collision to result in fatal injuries. According to crash statistics provided by the Federal Motor Carrier Safety Administration, in 2021, California reported over 450 fatalities involving large trucks, according to FMCSA data. Fatalities remain consistently high year over year due to the size and impact force of commercial vehicles.

When a large truck accident results in the untimely death of a person, the surviving family members of the decedent can seek monetary compensation through a wrongful death lawsuit against the responsible party. Wrongful death cases are generally handled the same as personal injury cases, and will require the plaintiff to demonstrate the at-fault party’s responsibility. To do so, the victim’s family members will need to prove the following:

To succeed in a wrongful death claim in California, the plaintiff must show:

The victim died due to the defendant’s negligence or misconduct
A personal representative is appointed to manage the estate
Surviving family members suffered financial or emotional losses

Wrongful death cases, as well as other personal injury claims, require only a preponderance of evidence to establish liability. This means that the standard of establishing liability is not as high as it is required for a guilty verdict in a criminal case. Moreover, along with other personal injury cases, wrongful death cases are subject to a strict deadline, where plaintiffs generally have 2 years from the date of the accident to file a case.

How a Proficient Attorney Can Help

Truck accident cases are notorious for being some of the most challenging of all personal injury cases. This can come as no surprise as these cases involve state and federal regulations, where a violation in a violation can be difficult to prove. If you or a loved one has been injured in a truck accident, you should know that a successful case will involve a rigorous investigation. Truck accident cases often require an in-depth investigation and a legal team experienced in both state and federal trucking regulations. An attorney can gather evidence, work with experts, and build a strong case on your behalf. After a serious truck accident, consider contacting the support of a proficient attorney.